Ownership

Affordable home ownership

There are a number of schemes to promote low-cost or affordable home ownership.

Affordable housing was defined by the Ministry of Housing, Communities & Local Government (MHCLG) as 'homes provided to eligible households whose needs are not met by the market' and this can include low-cost home ownership schemes.

‘Affordable housing’ for planning purposes is defined in the glossary of the National Planning Policy Framework (NPPF) as ‘housing for sale or rent for households whose needs are not met by the market’ and ‘social housing’ is defined by sections 6870 of the Housing and Regeneration Act 2008 as ‘low-cost rental and low-cost home ownership accommodation’.

In order to qualify as low-cost home ownership accommodation, the following two conditions need to be satisfied:

  1. Condition one—the accommodation is occupied, or made available for occupation, in accordance with:

    1. discounted market sales housing

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Local Government News

Immigration—Windrush—non-fettering public law principle—section 31(2A) Senior Courts Act 1981 (Hippolyte v SSHD)

Immigration analysis: The Court of Appeal allowed an appeal of the High Court’s refusal of judicial review in respect of the respondent Secretary of State’s refusal to grant the applicant indefinite leave to remain (ILR) under the Windrush Scheme. The Home Office’s casework guidance states that the child of a Commonwealth citizen who was settled in the UK before 1 January 1971 must have been continuously resident in the UK since their birth or arrival to qualify under the scheme. The applicant asked the Secretary of State to exercise discretion to waive this requirement, as she had sufficient close ties to the UK that she fell within the ‘spirit’ of the Windrush Scheme. The Home Office failed to consider whether to exercise discretion and the appellant argued that the Home Office had fettered its discretion. The case concerned two key issues: (1) whether the Secretary of State contravened the ‘non-fettering’ principle in public law by failing to exercise her discretion under section 3(1)(b) Immigration Act 1971, which confers a wide discretion on the Home Office to grant leave even where the requirements of the Immigration Rules or published policy guidance are not met, and (2) whether the High Court was wrong to refuse relief under section 31(2A) Senior Courts Act 1981 (SCA 1981), which applies where it is highly likely that the outcome for the claimant would not have been substantially different had the conduct complained of not occurred. Written by Gill McKearney, knowledge lawyer at Bates Wells.

View Local Government by content type :

Popular documents